Baker v. North East Borough
Supreme Court of Pennsylvania
Appeal, No. 397, Jan. T., 1892, by defendant, from judgment of C. P. Erie Co., Feb. T., 1889, No. 153, on verdict for plaintiff, Sarah Baker and A. H. Baker, her husband, in right of- wife. Trespass, in right of wife, plaintiff, for personal injuries through defendant’s negligence in constructing and maintaining a water pipe in the highway. A release to claim for damages by the husband was filed.
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Appeal, No. 397, Jan. T., 1892, by defendant, from judgment of C. P. Erie Co., Feb. T., 1889, No. 153, on verdict for plaintiff, Sarah Baker and A. H. Baker, her husband, in right of- wife. Trespass, in right of wife, plaintiff, for personal injuries through defendant’s negligence in constructing and maintaining a water pipe in the highway. A release to claim for damages by the husband was filed. The evidence, on the trial before Gunnison, P. J., was to the effect that defendant borough had laid a water pipe along a public road, with a stop-cock to let out the surplus water ; and as plaintiff…
1Opinion of the Court
Opinion by
Me. Justice Steeeett,
We find nothing in either of the thirty-eight specifications of error that requires the reversal of this judgment. The alleged negligence of the defendant, which is claimed to have been the proximate cause of the injury complained of, was so clearly established by the evidence that the jury could have little if any difficulty in finding the fact in favor of the beneficial plaintiff. The question of contributory negligence, mainly relied on by the defendant, was fairly submitted to the jury, and that issue of fact was also found in her favor. The case hinged upon…
2Cited by10 opinions
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